1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
CITY OF BLUE EARTH
MINUTES
CITY COUNCIL MEETING
Monday, July 18, 2016 5:00 P.M.
CALL TO ORDER
Mayor Scholtes called the meeting to order at 5:00 P.M.
ROLL CALL
Councilmembers Huisman, Brod, Erichsrud, Warner, Cassem and Mayor
Scholtes were present. Councilmember Gaylord was excused. Staff
members present: City Administrator Timothy Ibisch, City Attorney
David Frundt, City Engineer Wes Brown and Intern Samuel
Schmeling-Rykhus.
DETERMINATION OF A QUORUM
Quorum present.
PLEDGE OF ALLEGIANCE
Mayor Scholtes led the pledge of allegiance.
MEETING OPEN TO THE PUBLIC
Public Present:
Dean Johnson and Luke Johnson.
APPROVAL OF MINUTES
Motion by Cassem, second by Erichsrud to approve the minutes from
the Work Session and Council Meeting of Monday, June 5, 2016. The
motion was approved unanimously.
LICENSES AND PERMITS
There were no licenses or permits at this time.
CORRESPONDENCE
Southern Minnesota Initiative Foundation.
Southern MN Initiative Foundation request for funds.
Workman Compensation and Worker’s Compensation Claims Report.
Ibisch reported that he has been meeting with the Department Heads
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
to discuss working toward less claims with particular attention
made to the Fire Department making sure they are using the safety
training made available. Huisman asked if the police are doing
safety training. Ibisch reported that they use the training that
the City has.
PUBLIC HEARINGS
None.
REPORTS FROM STAFF
At this time Mayor Scholtes addressed City Attorney David Frundt.
Frundt reported that on September 8, 1988 a tract bounded by line
commencing at the Southeast corner of Lot 10 in Block 74; thence
North 61 feet West 146 feet; thence South 61 feet; thence East 146
feet to point of beginning. (Said tract being also sometimes
described as South 61 feet of Lots 8,9,10 in Block 74). That on
or before September 8, 1988, the Blue Earth City Council voted
unanimously to convey real property (former JC Penny building) to
Terrance and Jane Armon. There was never an Ordinance passed at
the time that Mayor Loren Lein and City Clerk-Administrator
Patrick Hardy were in charge so with an effort to clear the record
for the above listed property, Ordinance 16-07 is being considered
tonight.
Motion by Huisman, second by Erichsrud to adopt Ordinance 16-07
to convey real property as presented.
Roll call vote was taken:
Councilmember Gaylord
Absent
Councilmember Huisman
Aye
Councilmember Brod
Aye
Councilmember Erichsrud
Aye
Councilmember Warner
Aye
Councilmember Cassem
Aye
Mayor Scholtes
Aye
The Ordinance passed unanimously.
City Attorney David Frundt presented Ordinance 16-09 for the
conveyance of real property owned by the City of Blue Earth.
Frundt explained that the HRA Board will be selling the lot but
the City is required to pass an Ordinance supporting the sale of
property (former Spencer lot on 21st Street). Frundt reported
that he received Deeds from the neighbors today. The following
lot description describes the property:
2
1
2
3
4
5
6
7
Motion by Huisman, second by Erichsrud adopting Ordinance 16-09
for the sale of the property as discussed above.
Roll call vote was taken:
Councilmember Gaylord
Absent
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Councilmember Huisman
Aye
Councilmember Brod
Aye
Councilmember Erichsrud
Aye
Councilmember Warner
Aye
Councilmember Cassem
Aye
Mayor Scholtes
Aye
Ordinance 16-09 passed unanimously.
At this time Mayor Scholtes addressed City Engineer Wes Brown.
Brown gave a Main Street Construction update by reporting that
water services have are in the process of being installed on the
south section of the construction for Main Street. Due to the
large amount of rain recently there are some setbacks for the
project. North Main Street has been sub-cut and getting ready for
base once the soil is dry.
Brown reported that there have been some challenges with the sewer
service connections. There have been some services that have
several that are shared services between the adjacent buildings
and a new service will be needed. The Armon building was
connected to the storm sewer that will be re-routed. There are
some that the pipe connection is so deteriorated that trying to
make the connection the pipe falls apart. Brown reported that
there will be some additional costs for these issues that will
require going under the building under the footing into the
building. Huisman asked if the shared ones are required to have a
new separate connection. Brown reported that a new service will
be run into the building and the property owner will be notified
that they will need to reroute their connection in the building.
The Ag Center parking lot paving will be starting the end of July.
The milling and removal will be done and once they meet with the
contractor they will get that information to the tenants.
Brown addressed the access ramp quotes for the front of City Hall.
Brown reported that he received a bid from Nielson Contractor in
the amount of $42,000.00. Brown reported that Council just needs
to decide if they want to move forward with that project. Brown
noted that a bid from Lee Smith was received today from a local
contractor for the project. Brown was not sure if everything has
been included such as the removal, excavation and backfill
included in the bid. Scholtes asked that Brown check with Smith
and get those details verified. Brown reported that the work will
not happen with either company until September.
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Ibisch reported that another alternative for Council to consider
would be to use the funds instead to focus on the parking lot
behind City Hall and make the back entrance more accessible and
refinish the parking lot. Ibisch added that all the additional
truck traffic due to the construction has deteriorated the parking
lot. Ibisch reported that making the back entry more ADA
Compliant might be a better use of funds. Council asked to get
some estimates for the rear parking lot and bring them to the next
meeting.
Brown presented 3 different color pavers for Council to help
assist them in choosing paver colors for the bump outs on Main
Street. Brown reported that the colors are Desert wood, rosewood
and beach. Brod asked if the bricks are sealed. Brown did not
think they were. Warner thought that the rosewood went best with
the aggregate. Brown reported that the layout will be a herring
bone pattern.
Motion by Brod, second by Warner approving the Rosewood paver for
the Main Street project bump outs. The motion passed unanimously.
Scholtes asked why there were “No Parking” signs up on South
Nicollet on the west side of the Street between Seventh and Eighth
Street. Ibisch reported that he thought it was the restoration
company for Center Point Energy fixing the curbs after the new gas
line installation. Brown will look into what is happening for
sure.
At this time Mayor Scholtes addressed the Monthly Liquor Report
and noted that sales were up as noted for June:
May 2016 $135,127.00, May 2015 $139,503.00 sales down
$4,376.00.
June 2016 $143,695.00, June 2015 $139,928.00 sales up
$3,767.00.
Mayor Scholtes noted the June Police Reports were provided.
Ibisch commended officers for the great job they did during Giant
Days. Huisman noted that the City of Winnebago has a police dog
and he wondered what Blue Earth would have to do to get a police
dog. Ibisch reported that we would coordinate with Winnebago
Police Chief. Brod reported that the City of Fairmont also has a
police dog. Ibisch noted that it would be a matter of
coordinating when a need arises. Norm Hall reported that the
State Patrol has 9 dogs.
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
REPORTS FROM BOARDS AND COMMISSION
Minutes from the Library Board Meeting of 5-9-16 were provided
along with the minutes from the Friends of the Library Board
minutes from their meeting of 5-9-16.
Minutes from Economic Development Authority Board Meeting of 6-916 were provided.
Minutes from the 6-13-16 Housing and Redevelopment Authority Board
Meeting were provided.
The July Senior Center Board News Letter was provided.
Minutes from Faribault County Fitness Center Board Meeting of 7-716 were provided.
The Board of Public Works will be meeting on Tuesday, August 9th.
REPORTS FROM STANDING COMMITTEES OF THE COUNCIL
The Parks & Recreation
Wednesday, June 20th.
Subcommittee
Board
will
be
meeting
on
Motion by Huisman, second by Brod to accept the reports of the
Boards and Commissions as presented. The motion was approved
unanimously.
CONSENT AGENDA
Mayor Scholtes addressed the Library request for an additional
$1,500.00 from the City to do some remodeling. Discussion during
tonight’s Work Session included the plan to remove a wall between
the Community Room and the main Library. They are requesting
additional funding from the City to complete this CIP improvement
this year.
Motion by Huisman, second by Warner approving the $1,500.00
addition funding for the Library improvements. The motion passed
unanimously.
OLD BUSINESS
Mayor Scholtes addressed the Highland Drive Emergency Siren
request recommendations. Ibisch explained that there are several
options for the Council to consider and noted that he contacted
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
the siren company and is waiting for a response.
The following
has been suggested as options;
1. Maintain the siren in the current location but make the siren
so it can be heard.
2. Move a siren from in front of Patton Funeral Home to the
vicinity of the swimming pool in order to get a little more
coverage for Highland Drive.
3. Add another siren due to the growth pattern of Blue Earth
specifically on the north quadrant of Blue Earth.
Scholtes noted that it was nice to see the coverage pattern.
Erichsrud thought it would be nice to have the decibel reader to
make sure nothing has change in the decibels. Brod asked if sound
travels slower going into the wind. Ibisch noted that because of
the wind the sound would not travel as far. Warner reported that
the sound does not travel as well in the higher humidity. Ibisch
will pursue a measurement in addition what a quote would be for a
new siren and report back.
Scholtes addressed the Flood Plain Hunting Policy.
Ibisch
reported that there were amendments made to the permitting
process.
Ibisch reported that the biggest concern from citizens
was that potential of people hunting too close to resident’s
homes. The restriction of 300 feet was added to the policy that
no hunting within the 300 feet from a home. City Attorney Frundt
reported that he reviewed the policy and noted that there was
nothing in the policy about field dressing an animal.
Field
dressing and what is done with the remains poses an issue for
local pets as well as bringing other animals closer to the city
than what we have currently.
Council could add restrictions to
help curb any expressed concerns. Ibisch reported that a call was
placed to the DNR to make sure any concerns on behalf of the DNR
are addressed and included in the policy under normal operations
and procedures followed during any regular hunting season. Cassem
asked if there would be signage by any house.
Ibisch did not
think there were many houses that would be affected by the
hunting.
Scholtes asked those present with regard to the urban
hunting request if it would be an issue to require that the field
dressing debris be hauled away or take the animal elsewhere to
field dress. Dean Johnson reported that the people that will hunt
on the property will be family.
Johnson noted that he wished he could do something about the 4wheelers that have made a path going through his property and no
one has ever gotten permission to use his property for 4-wheeling
and he has no plans to open the property. Johnson asked if the
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
permit will be an annual renewable. Ibisch noted that it would be
a permit/registration that would need to be renewed each year.
Samuel Schmeling-Rykhus reported that once the land is registered
it will remain hunt able land.
At this time Mayor Scholtes addressed the Temporary Housing.
Ibisch reported that this issue has been discussed at the previous
Council Meeting.
Ibisch reported that he did not receive any
Council feedback.
Ibisch gave the recommendation to opt out of
the Temporary Housing. Ibisch reported that opting out would not
stop anyone from submitting an appeal.
The appeal could be
evaluated on an individual basis.
Frundt explained that for
someone to get permission to have a temporary family health care
dwelling they would need to apply for a variance.
Motion by Brod, second by Warner to adopt Ordinance 16-08
Temporary Housing an Ordinance Opting out of the requirements of
Minnesota Statutes, Section 462.3593.
WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and
regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which
permit and regulate temporary family health care dwellings;
WHEREAS, subdivision 9 of Minn. Stat. §462.3593 allows cities to “opt out” of those
regulations;
THE CITY COUNCIL OF THE CITY OF BLUE EARTH, ORDAINS as follows:
Section _____. City Code, Section __________ is amended as follows:
OPT-OUT OF MINNESOTA STATUTES, SECTION 462.3593:
SECTION ___________. Pursuant to authority granted by Minnesota Statutes, Section 462.3593,
subdivision 9, the City of __________ opts-out of the requirements of Minn. Stat. §462.3593,
which defines and regulates Temporary Family Health Care Dwellings.
SECTION___________ . This Ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 18th day of July, 2016, by the City Council of the City of Blue Earth.
Roll call vote was taken:
Councilmember Gaylord
Absent
Councilmember Huisman
Aye
Councilmember Brod
Aye
Councilmember Erichsrud
Aye
Councilmember Warner
Aye
Councilmember Cassem
Aye
Mayor Scholtes
Aye
Ordinance 16-08 passed unanimously.
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
NEW BUSINESS
None.
BILLS AND INVESTMENTS
Investment Schedule
Motion by Brod, second by Warner to consideration of payment of
the bills and accept the June 2016 Financials.
The motion was
approved unanimously.
REPORT OF CITY ADMINISTRATOR
Payroll summary.
Mayor Scholtes addressed City Administrator Ibisch’s report (see
attachment “A”. Ibisch reported that there was a transfer from
the $250,000.00 Bond that the City owned that was discussed at
the last council meeting. $200,000.00 was reinvested and
$50,000.00 was transferred to the General Fund and was used to
eliminate Bond Issuant 2006C of which a $3,000.00 savings was
received in interest.
The Fitness Center paving is complete except for the striping.
Once the Ag Center parking lot is complete the striping for both
areas will be done.
Positive comments were received for the Giant Days celebration
and having the street dance at the Fairgrounds seemed to be a
positive experience. Ibisch gave thanks to the “Party In Motion”
bus service.
Ibisch addressed the potential main street planter options.
Ibisch explained that 1 option is a metal type of a planter and
the other option is a PermaCrete planter. Brod asked if either
of the options would allow a fork lift under them. Ibisch noted
that yes a fork lift would be able to move either one of them.
Ibisch asked the Council for feedback on the planter options.
Huisman asked if Andy’s vacant lot would be seeded. Ibisch
explained that the weeds have been sprayed so once that settles
they will be seeding the area.
Erichsrud asked if the side of the building next to Andy’s lot
will have siding soon. Ibisch noted that they have been
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
discussing this option with Oswald Brewing. The city will
determine what our price would be if the city were to do the
siding and when Oswald decides what he would like for siding the
city can pay their share of what regular siding would be. Ibisch
added that siding would be eligible through the façade program.
Huisman asked if the siding would be done yet this year. Ibisch
expected that it would be done before winter. Huisman did not
think there was a back door to the building and asked if Ibisch
would look into this. Ibisch reported that the back door concern
has never been discussed with Oswald but he certainly could
review this concern with him.
Huisman asked if the summer intern is doing sidewalk inventory.
Ibisch reported that he is and will be presenting the results to
the Park and Recreation Board on July 20th. Then he will be
presenting the sidewalk survey to the Active Living and the
Street Committee when they meet.
OTHER BUSINESS
Cassem reported that the Senior Director Linda Jahnke’s husband
died on Friday evening.
ADJOURNMENT
Motion by Huisman, second by Brod to adjourn the meeting. Mayor
Scholtes adjourned the Regular City Council Meeting at 5:47 P.M.
10